DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
SIN
C 20370-5100
WASHINGTON D | Docket No: 03762-08
10 April 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 April 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
27 June 2005 at age 18. On 29 June 2005, a recruit mental health
evaluation was conducted, and it was determined that you had
post-traumatic stress disorder and a severe personality disorder
that existed prior to your entry into the service. You were
counseled regarding your condition, and advised to seek treatment
after separation.
Based on the mental evaluation, you were processed for separation
by reason of fraudulent enlistment. On 7 July 2005, after you
were advised of your rights, you elected to receive copies of
documents to be forwarded to the separation authority, but waived
all your other procedural rights. Subsequently, on 15 July 2005
you were discharged with an entry level separation by reason of
fraudulent enlistment. At that time, you were assigned a
reenlistment code of RE-4.
The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to fraudulent enlistment based on medical
conditions that existed prior to entry into the service. The
Board thus concluded that there is no error or injustice in your
reenlistment code. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
SQ ta SAu
W. DEAN PFE
Executive D r
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